Abingdon, Bristol and Johnson City
Do you believe you have been the victim of medical malpractice? This is a complicated area of civil law that requires a particular expertise to navigate the case in the correct manner.
The crucial factor in any medical malpractice case is determining whether or not negligence took place. Being negligent is not the same thing as making an error. A negligent mistake is defined as any error that was not detected by a competent medical professional but should have been identified. In any case of medical malpractice, the burden of proof falls on the lawyer of the plaintiff—the victim of the malpractice—to prove that negligence did take place.
Common types of medical negligence include misdiagnosis, an error during surgery, or some form of negligence that affects a pregnancy and/or childbirth. One of the most frequently reported types of medical malpractice, however, is a prescription error, and it can occur in any one of a variety of ways.
Prescription errors can occur if a patient is prescribed or given the wrong medication. Also, if a patient receives medication that was intended for someone else, or if a patient is prescribed an incorrect dose of medication—either because of an error by a person or the failure of a piece of medical equipment, such as an IV drip.
Other mistakes that fall under the category of prescription error include:
- Failure to warn a patient about the harmful side effects of a medication
- Failure to identify any drug interactions that harm a patient
- Failure to identify an allergic reaction related to a medication
A doctor, a nurse, and even a pharmacist can commit a prescription error. A lawyer with expertise in medical malpractice can help determine who precisely is at fault when informed on the details of your claim.
In order to win a case of medical malpractice, the representation of the victim needs to provide proof in four key areas.
First, there needs to be proof that a medical relationship exists. In other words, that the person or entity being sued had a responsibility to provide you with medical care of some sort.
Second, as mentioned above, proof of negligence. While all medical professionals are human and mistakes can happen, doctors and nurses are expected to provide what is known as a reasonable standard of care. The specific standard varies according to state.
Third, it must be proven that the negligence caused a problem of some kind or if you lost a loved one as a result of what you believe may be malpractice.
Fourth, your lawyer also must prove that specific damages happened as a result of the negligence. These damages might be physical in nature or occur as mental anguish, financial stress from increased medical bills and lost wages, and more. Your medical malpractice lawyer should be able to explain the different types of damages that can be incurred resulting from the negligent behavior that took place.
It takes a skilled attorney with experience and knowledge in the specific nuances of medical malpractice law to successfully prove these four areas—especially in a case of prescription error, where it can be difficult for a layman to discern whether negligence exists in a medication error.
If you think you have been a victim of medical malpractice, and especially in cases of prescription error, then contact the Law Offices of Michael R. Munsey, P.C., as soon as possible. Call us at (276) 451-2056 to schedule a free consultation, and let us fight for you!
Representing the injured and disabled for more than 30 years, the Law Offices of Michael R. Munsey, P.C., are proud to serve clients in Bristol, Kingsport and Johnson City, TN, as well as Bristol, VA.